All posts by legal

A Canadian Mr. D was hired by Company W as its General Manager. Both parties signed a labor contract. Later, Company W dissolved the contract. Mr. D filed a lawsuit against Company W and claimed for the economic compensation. The case was reviewed by the first and second trials. Finally, the Guangdong Provincial High People’s Court reheard the case, and determined that the contact was invalid, which means Company W did not have to pay the economic compensation. (The plot has been simplified, for details, please find (2018) Yue Gao Fa Shen Jian Min Ti Zi No.63) Article 7 of…

If you type “金夫人” on the search engine Baidu, the first three links show “金夫人GOLDEN LADY” and relevant pictures; the official website of the trademark right owner Company J and its relevant information; and the promotion information with the words as “南京婚纱摄影领军品牌M公司”. Company J filed a lawsuit against Company M and Baidu by claiming that both parties had jointly infringed its trademark right and constituted false propaganda. The similar cases are not rare. More and more companies are using internet for promotion. In order to attract attention, some companies tried to stick a “tag” by using other party’s trademark. If…

More and more companies apply software in handling business operations. They have to sign a software service contract (“SSC”) or a software development contract (“SDC”). In practice, many companies only pay attention to the payment article, which stipulates that the commissioning party would pay upon the acceptance of the deliveries. This opinion is very dangerous. In fact, in the 57th issue of the “Legal Notebook”, we have analyzed the common risks and risk prevention methods from the perspective of the commissioning party in the paper “Risk Prevention for Software Development Contracts”. We will analyze the risks and risk prevention methods…

An enterprise with a longer history would have more employees who are close to the retirement age. Some of those employees may have less improvement in skills, and be lack of energy. If they still occupy the positions, the successors will have fewer opportunities to practice. Under such circumstance, more and more enterprises are considering to establish the early retirement system. In practice, the early retirement system generally includes 3 categories: (1) to terminate a labor contract by negotiation, and the enterprise would pay a compensation in a lump sum; (b) the employee quits the position, and does not have…

In the past many years, foreign-invested companies would purchase commercial insurance for foreigners instead of participate in social insurance, because China had not set any requirements in any laws or regulations, and normally, the offshore parent companies would participate in social insurance for foreigners in their own countries. The “Social Insurance Law” has come into force on July 1, 2011, in which it stipulates that foreigners employed within the territory of the People’s Republic of China shall participate in social insurance analogically in accordance with this Law. And soon afterwards, the “Interim Measures for Social Insurance System Coverage of Foreigners…

Bei Ji Rong (“BJR”) Underwear had published a creative advertisement. The spokesperson Zhao Benshan wore the BJR thermal underwear. He was hijacked by aliens, and frozen in an ice brick. After unfrozen, he was uninjured, and he told the aliens: “Keep Warm, Wear BJR, everyone knows on the earth.” Chen brought a piece of BJR thermal underwear. Later then, he filed a lawsuit against the manufacturer and Zhao Benshan. He claimed that the advertisement was a false advertisement. Although there is controversy in practice, both the court of the first instance and the second instance had rejected Chen’s claim. The…